| Sharestates Investment, LLC v Hercules |
| Motion No: 2016-05116 |
| Slip Opinion No: 2017 NY Slip Op 60570(U) |
| Decided on January 9, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M224150
E/afa
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-05116, 2017-00191 Sharestates Investment, LLC, respondent, v Anyekache Hercules, et al., appellants. (Index No. 70745/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants pursuant to CPLR 5520(c) to deem the notice of an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2016, to be a premature notice of appeal from a judgment of the same court dated May 9, 2016, for leave to serve a late notice of appeal from an order of the same court dated June 7, 2016, or, in the alternative, to amend the notice of appeal from the order dated April 14, 2016, to include the judgment and the order dated June 7, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated April 14, 2016, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is enlarged until February 17, 2017, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court